URBAN IMPROVEMENT TRUST AND ORS Vs. KAMOD DEVI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 06-07-2011 passed by the learned Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission'), in Appeal No. 154 of 2011 Urban Improvement Trust Vs. Smt. Kamod Devi by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent deposited a sum of Rs.5,000/- with opposite party/petitioner on 31-10-2003 for purchase of plot through lottery. Opposite party neither intimated to the complainant result of lottery nor refunded money. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that by letter dated 17-01-2004 complainant was intimated to deposit a sum of Rs.27,847/- and as she failed to deposit aforesaid amount within 90 days, she was not entitled to plot and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by the complainant was allowed by learned State Commission vide order dated 08-06-2010 and matter was remanded back to learned District Forum. Learned district Forum after hearing both the parties allowed complaint and directed opposite party to issue allotment letter and further directed to pay Rs.3,000/- as compensation. Appeal filed by opposite party was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

(3.) Heard learned counsel for the parties and perused record.